Knoxville, TN woman files suit over halftime show-induced 'injury'
http://www.knoxnews.com/kns/local_ne...630274,00.html
State of undress causes distress
Knox woman files suit over halftime show-induced 'injury'
By RANDY KENNER, [email protected]
February 5, 2004
A Knoxville woman filed a proposed class action lawsuit Wednesday against Janet Jackson, Justin Timberlake, MTV, CBS and Viacom, contending she and other viewers were injured by their lewd actions during the Super Bowl halftime show.
Terri Carlin filed her lawsuit "on behalf of all Americans who watched the halftime show" in federal court in Knoxville.
The lawsuit stems from Sunday's now infamous exposure of one of Jackson's breasts when Timberlake ripped off part of her costume during their performance on the CBS network.
Viacom International Inc. owns both CBS and MTV. MTV produced the show.
Carlin, who works at a Knoxville bank, said the exposure and "sexually explicit conduct" by other performers during the show injured viewers.
"As a direct and proximate result of the broadcast of the acts, (Carlin) and millions of others saw the acts and were caused to suffer outrage, anger, embarrassment and serious injury," the lawsuit filed by Knoxville attorney Wayne A. Ritchie II states.
It doesn't specify the type of serious injury.
"All of the defendants knew that the Super Bowl, the pre-eminent sports event in the United States, would be watched by millions of families and children," Ritchie wrote. "Nevertheless, (they) included in the halftime show sexually explicit acts solely designed to garner publicity and, ultimately, to increase profits for themselves."
Carlin referred questions Wednesday night to Ritchie, who has declined to comment.
No one was available for comment at Viacom International Inc., or at Jackson's or Timberlake's record companies Wednesday night.
Jackson has apologized. She said MTV, CBS and the NFL did not know what was going to happen.
The lawsuit claims the broadcast companies and the two singers violated an "implied" contract with viewers not to subject them to allegedly lewd material.
"Families have an expectation that they can trust companies and individuals such as the defendants not to expose families to sexually explicit conduct during broadcasts of prime time events such as the Super Bowl," the lawsuit states.
The lawsuit argues that even if they didn't know what was coming, the broadcasters should have had a "sufficient broadcast delay" to censor the acts.
Because the game is broadcast worldwide, Ritchie also wrote that the actions harmed the "standing and credibility" of Americans throughout the world.
Carlin's lawsuit seeks compensatory and punitive damages worth billions.